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1. Defendant D Co., Ltd.: (a) KRW 283 million against the Plaintiffs and its related thereto, from December 19, 2017 to December 14, 2018.
Reasons
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is an executor of the construction of a new apartment-type factory (hereinafter “instant building”) on the ground of 9,888m2, G factory site, and 30m2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
B. On November 24, 2009, Defendant D entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with Korea Construction, Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust Co., Ltd.”) and 10 financial institutions (hereinafter “loan Financial Institutions”) regarding the instant land and buildings, Defendant D was designated as the truster and beneficiary, Defendant Asian Trust as the trustee, Defendant Asian Trust as the first beneficiary, Korea Asian Trust as the second first beneficiary, and H as the third beneficiary, respectively.
The main contents of the instant trust agreement are as follows.
Article 13 (Contract for Construction Works) (1) A trustee shall enter into a contract for construction works with a contractor.
Provided, That if there is a contract for construction works already concluded between the truster and the contractor, such contract may be succeeded.
(3) Where a trustee fails to pay the construction price with trust property, the truster shall be responsible for the payment of the construction price to the contractor.
Article 14 (Project Owners, Liability Matters, etc.) (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.
(2) A trustee shall enter into any service contract as a project owner or project owner.
Provided, That where a truster has already entered into a contract, he/she may succeed the contract.
Article 22 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the truster:
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